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Joint Airport Zoning Board 4. Meeting Date: 04/03/2013 Submitted By: Janice Pokrant, Engineering Department SUBJECT: Information Permit Request by Alva & Antonio Mascorro to build a new dwelling at 213 Gyna, Val Verde County, Texas BACKGROUND: Applicant: Alva & Antonio Mascorro Requested Action: Build a new house at 213 Gyna Lot: 7 Block 31 Addition: Val Verde Park Estates Lot Size: 75' x 150' Existing Zoning & Land Use: North - Zoning NA, outside city limits/ Lots used for residential purposes South - Zoning NA, outside city limits/ Lots used for residential purposes East - Zoning NA, outside city limits/ Lots used for residential purposes West - Zoning NA, outside city limits/lots used for residential Purposes Applications/Regulations: This property is located outside of the City of Del Rio City limits. The lot was platted with the Val Verde Park Estates plat. Public Utilities: Water - City water, good Gas - City gas, good Sewage - City sewer, good Garbage - Red River, good Public Services: Police - Val Verde County Sheriff Fire - Val Verde County Volunteer Fire Department Parking: Sufficient parking is available Flood Plain Clearance: This lot is not located in the FEMA designated flood prone area Traffic Impact: No significant traffic impact is anticipated with this request DISCUSSION: 2
This property is located outside of the City of Del Rio City limits, but within the City of Del Rio Extraterritorial Jurisdiction (ETJ). The property is subject to the City of Del Rio's platting requirements, as well as the Val Verde County's platting requirements and was platted accordingly through the Val Verde Park Estates Plat. There is a mobile home that is currently located on this property. The owner will need to move the mobile home before getting the Certificate of Compliance from the City of Del Rio for the new dwelling. PROS: Approving this request will allow the applicant to construct a new dwelling on the lot which will have additional sound and energy efficient building materials. CONS: Approving this item with the mobile home still located on the lot will require the City to get a letter from the owner assuring that they understand the mobile home will need to be moved before the new house will get a certificate of compliance issued to allow for the electricity to be connected. RECOMMENDATION: Staff recommends approval of the request with consideration of Laughlin Air Force Base comments. Staff also recommends that if the request is approved that the owner sign the Laughlin Air Force Base Disclosure Form. Laughlin Review 213 Gyna Map 213 Gyna Application Attachments 3
BULLET BACKGROUND PAPER ON PROPOSED HOME ON GYNA DRIVE PURPOSE To provide the Joint Airport Zoning Board with potential mission impacts associated with the proposed home on 213 Gyna Drive. DISCUSSION - Mr. Antonio and Ms. Alva Mascorro are proposing to construct a home on 213 Gyna Drive, Lot 7, Block 31, Val Verde Park Estates, just west of Laughlin AFB. - Laughlin AFB technical personnel have reviewed the initial proposal and identified the following concern/issue: noise. -- Per the Laughlin AFB 2008 Air Installation Compatible Use Zone (AICUZ) update, Figure 3-2, the proposed location is just outside the 65-69 decibel (db) contour area. --- The line in Figure 3-2 represents an average based on number of aircraft, terrain, atmospheric conditions, etc. --- The noise boundary can expand and contract based on the items listed above. -- Per Table 3-4, SLUCM No. 14, detached single-unit homes are considered generally compatible within the 65-69 db contour area provided noise level reduction measures are incorporated into the design and construction of the unit; however, this proposed home is outside the area. RECOMMENDATION Based on the information provided to date, Laughlin AFB is concerned about noise for the home at 213 Gyna Drive. Because the proposed home is technically located outside the noise contour, Laughlin AFB recommends notifying the Mascorros of the potential noise. Ms. Jennifer Harris/47 CES/CD/(830) 298-5067/jah/27 Mar 13 4
213 Gyna Drive DISCLAIMER Various official and unofficial sources were used to gather this information. Every effort was made to ensure the accuracy of this data, however, no guarantee is given or implied as to the accuracy of said data. 5
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Joint Airport Zoning Board 5. Meeting Date: 04/03/2013 Submitted By: Janice Pokrant, Engineering Department SUBJECT: Information Permit Request by Jesus Julian Bara to place a new mobile home at 239 Lorean Dr, Val Verde County, Texas BACKGROUND: Applicant: Jesus Julian Bara Requested Action: Place a new mobile home at 239 Lorean Dr Lot: 20 Block: 32 Addition: Val Verde Park Estates Lot Size: 75' x 150' Existing Zoning & Land Use: North - Zoning NA, outside city limits/ Lots used for residential purposes South - Zoning NA, outside city limits/ Lots used for residential purposes East - Zoning NA, outside city limits/ Lots used for residential purposes West - Zoning NA, outside city limits/ Lots used for residential purposes Applications/Regulations: This property is located outside of the City of Del Rio City limits. The lot was platted with the Val Verde Park Estates plat. Public Utilities: Water- City water, good Gas - City gas, good Sewer - City sewer, good Garbage - Red River, good Public Services: Police - Val Verde County Sheriff Fire - Val Verde County Volunteer Fire Department Parking: Sufficient parking is available Flood Plain Clearance: This lot is not located in the FEMA designated flood prone area Traffic Impact: No significant traffic impact is anticipated with this request. 10
DISCUSSION: This property is located outside of the City of Del Rio City limits, but within the City of Del Rio Extraterritorial Jurisdiction (ETJ). The property is subject to the City of Del Rio's platting requirements, as well as, the Val Verde County's platting requirements and was platted accordingly through the Val Verde Park Estates plat. This is a vacant lot with no improvements on it. PROS: Approving this request will allow for improvements to be made to the current vacant lot. CONS: Approving this request will allow for a new single family residential use to be located to this area. The new residents could experience noises due to the airfield operations and the newly constructed loop road. RECOMMENDATION: Staff recommends approval of the request with consideration of Laughlin Air Force Base comments. Staff also recommends that if the request is approved that the owner sign the Laughlin Air Force Base Disclosure Form. Laughlin Review 239 Lorean Dr Map 239 Lorean Dr Application Attachments 11
BULLET BACKGROUND PAPER ON PROPOSED MOBILE HOME ON LOREAN DRIVE PURPOSE To provide the Joint Airport Zoning Board with potential mission impacts associated with a proposed mobile home on 239 Lorean Drive. DISCUSSION - Mr. Jesus Baca is proposing to place a mobile home on 239 Lorean Drive, Lot 20, Block 32, in Val Verde Park Estates west of Laughlin AFB. - Laughlin AFB technical personnel have reviewed the initial proposal and identified the following concern/issue: noise. -- Per the Laughlin AFB 2008 Air Installation Compatible Use Zone (AICUZ) update, Figure 3-2, the proposed location is just outside the 65-69 decibel (db) contour area. --- The line in Figure 3-2 represents an average based on number of aircraft, terrain, atmospheric conditions, etc. --- The noise boundary can expand and contract based on the items listed above. -- Per Table 3-4, SLUCM No. 14, mobile home parks or courts are not recommended within the 65-69 db contour area; however, this mobile home is outside the area. RECOMMENDATION Based on the information provided to date, Laughlin AFB is concerned about noise for the mobile home on 239 Lorean Drive. Because the mobile home is technically located outside the noise contour, Laughlin AFB recommends notifying Mr. Baca of the potential noise. Ms. Jennifer Harris/47 CES/CEAO/(830) 298-5067/jah/27 Mar 13 12
239 Lorean Drive DISCLAIMER Various official and unofficial sources were used to gather this information. Every effort was made to ensure the accuracy of this data, however, no guarantee is given or implied as to the accuracy of said data. 13
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Joint Airport Zoning Board 6. Meeting Date: 04/03/2013 Submitted By: Janice Pokrant, Engineering Department SUBJECT: Information Update on 2013 Legislative Session as it Relates to Compatibility Bills Filed for the Protection of the Military Installations BACKGROUND: The City of Del Rio and Val Verde County completed a Del Rio Joint Land Use Study in August of 2008 through financial support of the Office of Economic Adjustment, Department of Defense. Number twenty-six of this study's recommended implementation strategies is to "Encourage Statewide Legislation Addressing Military Base Encroachment". In the last few legislative sessions military communities and their representatives have proposed bills to address military base encroachments. To date there has not been a bill that has passed which comprehensively addresses the concerns brought up by the various communities in their Joint Land Use Studies. DISCUSSION: There are two House Bills that we have been tracking through the legislative process, H.B. No. 605 and H.B. No. 1832, both making changes specifically addressing military installation regulations in Chapter 241 of the Local Government Code for "Municipal and County Zoning Authority Around Airports". PROS: Not Applicable, this item is being presented as an update and thus does not require action to assign a positive consequence associated with the approval of the item. CONS: Not Applicable, this item is being presented as an update and thus does not require action to assign a negative consequence associated with the approval of the item. RECOMMENDATION: Not Applicable, this item is being presented as an update and thus does not require any action to assign a recommendation for this item. HB 1832 3/2013 HB 605 3/2013 Attachments 18
83R9479 SCL-F By: Miller of Fort Bend H.B. No. 1832 A BILL TO BE ENTITLED AN ACT relating to granting certain local governments general zoning authority around certain military facilities; providing a penalty. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Subtitle C, Title 7, Local Government Code, is amended by adding Chapter 241A to read as follows: CHAPTER 241A. MUNICIPAL AND COUNTY ZONING AUTHORITY AROUND AIR FORCE FACILITY Sec. 241A.001. DEFINITIONS. In this chapter: (1) "Agricultural use" means use or activity involving agriculture. (2) "Agriculture" means: (A) cultivating the soil to produce crops for human food, animal feed, seed for planting, or the production of fibers; (B) practicing floriculture, viticulture, silviculture, or horticulture; (C) raising, feeding, or keeping animals for breeding purposes or for the production of food, fiber, leather, pelts, or other tangible products having commercial value; (D) planting cover crops, including cover crops cultivated for transplantation, or leaving land idle for the Page - 1-19
H.B. No. 1832 purpose of participating in a governmental program or normal crop or livestock rotation procedure; or (E) engaging in wildlife management, including the management and control of hunting, fishing, bird-watching, sightseeing, and other outdoor recreational activities. (3) "Air force facility" means a base or station of the United States Air Force. (4) "Centerline" and "compatible land use" have the meanings assigned by Section 241.003. (5) "Controlled compatible land use area" means an area of land located outside airport boundaries and within a rectangle bounded by lines located not more than five nautical miles from the centerline of the primary landing strip and lines located not more than five nautical miles from each end of the paved surface of the primary landing strip. Sec. 241A.002. LEGISLATIVE FINDINGS; PURPOSE. (a) The legislature finds that: (1) the area that surrounds an air force facility will be frequented for military and national security purposes by residents from many parts of the state and nation; (2) an air force facility is essential to the economic viability of the surrounding local community, the state, and the nation; (3) orderly development and use of the area is of concern to the entire state; Page -2-20
H.B. No. 1832 (4) without adequate development regulations, the area will tend to become congested and to be used in ways that interfere with the proper use of the area as a secure location for the continuation of a military establishment; and (5) it is imperative for the local community to protect the viability of current and future missions at an air force facility by ensuring compatible land uses are developed within the controlled compatible land use area. (b) The powers granted under this chapter are for the purposes of: (1) promoting the public health, safety, peace, morals, and general welfare; (2) protecting and preserving places and areas of military and national security importance and significance; and (3) encouraging state and national security. Sec. 241A.003. AREAS SUBJECT TO REGULATION. This chapter applies only to the area that extends not more than five nautical miles from the centerline and not more than five nautical miles from each end of the paved surface of the landing strip at an air force facility under the command of the Air Education and Training Command. Sec. 241A.004. DEVELOPMENT REGULATIONS GENERALLY. (a) The governing bodies of a municipality and the county in the regulated area through a joint airport zoning board established under Section 241A.005 may regulate: Page -3-21
H.B. No. 1832 (1) the height, number of stories, and size of buildings and other structures; (2) the percentage of a lot that may be occupied; (3) the size of yards, courts, and other open spaces; (4) population density; (5) the location and use of buildings, other structures, and land for business, industrial, residential, or other purposes; and (6) the placement of water and sewage facilities, landfills, parks, and other required public facilities. (b) A regulation adopted under this chapter does not apply to: (1) a tract of land devoted to agricultural use; or (2) a structure on a developed tract of land that existed on September 1, 2013. (c) The governing bodies of a municipality and the county in the regulated area shall prepare a written takings impact assessment in the manner provided by Section 2007.043, Government Code, of a proposed regulation under this chapter. Sec. 241A.005. JOINT AIRPORT ZONING BOARD. (a) To exercise the authority granted under this chapter, the governing bodies of a municipality and the county in the regulated area shall appoint a joint airport zoning board to assist in the implementation and enforcement of development regulations adopted under this chapter. (b) The membership of the board is composed of: Page -4-22
H.B. No. 1832 (1) two members appointed by the county judge of the county; (2) two members appointed by the presiding officer of the governing body of the municipality; (3) one member who owns less than 500 acres of land in the regulated area appointed jointly by the county judge of the county and the presiding officer of the governing body of the municipality; (4) one member who owns at least 500 acres in the regulated area appointed jointly by the county judge of the county and the presiding officer of the governing body of the municipality; and (5) one member appointed jointly by the members appointed under Subdivisions (1) through (4), who serves as the presiding officer of the board. (c) The board shall perform the duties assigned under this chapter and other duties as requested by the governing bodies to implement this chapter. Sec. 241A.006. PROCEDURE GOVERNING ADOPTION OF REGULATIONS AND DISTRICT BOUNDARIES. (a) A development regulation adopted under this chapter is not effective until it is adopted by the governing bodies of a municipality and the county in the regulated area after a joint public hearing. Before the 15th day before the date of the hearing, the governing bodies of the municipality and the county must publish notice in English and in Spanish of the Page -5-23
H.B. No. 1832 hearing in a newspaper of general circulation in the county. (b) The governing bodies of a municipality and the county in the regulated area may prohibit or restrict development in the area based on recommendations issued in a resolution adopted by the joint airport zoning board. The board's recommendations must be based on the most recent Air Installation Compatible Use Zone Study and the most recent Joint Land Use Study. The governing bodies of a municipality and the county may amend regulations adopted under this chapter: (1) based on amended recommendations issued in a resolution adopted by the joint airport zoning board as the studies are periodically updated; and (2) if each governing body makes findings that the conclusions of the studies on which each governing body is basing its findings accurately reflect development circumstances in the subject area. (c) The governing bodies of a municipality and the county in the regulated area may adopt or amend a development regulation only by an order passed by a majority vote of the full membership of each governing body. Sec. 241A.007. COMPLIANCE WITH STUDIES AND PLANS. Development regulations must be: (1) adopted in accordance with the most recent Air Installation Compatible Use Zone Study and the most recent Joint Land Use Study for growth and development surrounding the air force Page -6-24
facility; H.B. No. 1832 (2) adopted in accordance with the county plan for growth and development of the county; and (3) coordinated with the comprehensive plan of the municipality. Sec. 241A.008. DISTRICTS. (a) The joint airport zoning board may divide the area regulated under this chapter into districts of a number, shape, and size the board considers best for carrying out this chapter. (b) Development regulations may vary from district to district. Sec. 241A.009. SPECIAL EXCEPTION. (a) A person aggrieved by a development regulation adopted under this chapter may petition the governing bodies of a municipality and the county in the regulated area for a special exception to the development regulation. The grant of a special exception requires a majority vote of the full membership of each governing body. (b) The governing bodies of a municipality and the county in the regulated area shall adopt procedures governing applications, notice, hearings, and other matters relating to the grant of a special exception. Sec. 241A.010. ENFORCEMENT; PENALTY. (a) The governing bodies of a municipality and the county in the regulated area shall adopt ordinances, orders, or development regulations, as applicable, to enforce this chapter. Page -7-25
H.B. No. 1832 (b) A person commits an offense if the person violates this chapter or an ordinance, order, or development regulation adopted under this chapter. An offense under this subsection is a misdemeanor punishable by a fine of not less than $500 or more than $1,000. Each day that a violation occurs constitutes a separate offense. Trial shall be in the district court. Sec. 241A.011. COOPERATION AMONG LOCAL ENTITIES. The governing bodies of a municipality and the county in the regulated area and the joint airport zoning board may enter into an agreement to cooperate in the drafting, implementation, and enforcement of development regulations adopted under this chapter. SECTION 2. This Act takes effect September 1, 2013. Page -8-26